- (1.) Heard Sri Ramesh Upadhyay, learned Senior Counsel assisted by Sri Rajan Upadhyay for the petitioners, Sri Rohit Pandey for the University and Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Sudhakar Upadhyay for the State Authorities.
(2.) These four writ petitions have been filed by the colleges, which have been admitted to privileges of affiliation by Chhatrapati Sahu Ji Maharaj University, Kanpur, questioning the temporary grant of affiliation to them. In the leading Writ Petition No.29169 of 2019 the petitioner has challenged the conditions incorporated in the affiliation order passed by the respondent University, dated 30.5.2018, in that regard. In connected cases the petitioners have challenged denial of privileges on account of grant of temporary affiliation. It is sought to be urged that in the existing statutory scheme the grant of affiliation ought to be permanent but the authorities are illegally granting temporary affiliation, notwithstanding the fact that the colleges fulfill all conditions of affiliation specified in law/statutes of the University. The petitioners have also questioned the enforcement of Government Order dated 27.9.2002 insofar as it mandates that 60% students enrolled in the affiliated college must pass before temporary affiliation is extended to the college concerned. It is contended that the Government Order, to that extent, is beyond jurisdiction and is otherwise inconsistent with the statutory scheme.
(3.) In order to appreciate the controversy raised in this bunch of petitions, it would be necessary to refer to the relevant Legislation operating in the field and also notice successive amendments made, from time to time, regarding grant of privileges of affiliation to a college by the University concerned.;